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Employee Benefits under Indian Labour Laws Employees are the backbone of any business. To protect their rights and ensure fair treatment, the …
Any dispute related to the ESI Act will be handled by the Employees Insurance Court, not a Civil Court. This special court is set up by the State Government for specific areas and includes judges appointed as per the government’s discretion.
It shall resolve the following disputes and claims.
Disputes as to:
i. Whether an employee falls under the coverage of the Act or is required to pay the contribution,
or
ii. The wage rate or the average daily earnings of an employee.
iii. The contribution rate that the employer must pay for any employee.
iv. The individual who is or was the principal employer for a specific employee.
v. The right to any benefit and the amount and duration thereof, or
vi. Any directive given by the Corporation upon reviewing a dependent’s benefit payment,
vii. Any other issue related to a contribution, benefit, or any other amount payable or recoverable under the Act.
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Claims as to
i. Recovery of contributions from the principal employer,
ii. Recovery of contributions from a contractor,
iii. Recovery for any short payment or non-payment of contributions under Section 68
iv. Recovery of the value or amount of benefits wrongfully received under Section 70
v. Recovery of any benefit eligible under the Act
No dispute shall be admitted unless the employer deposits with the Court 50% of the amount due from him as claimed by the Corporation.
An appeal can be filed with the High Court within 60 days against an order of the Employees Insurance Court if it raises a significant question of law.
Important Forms to be submitted under the Act
Form 01: Employers’ Registration Form
Form 01(A):
Form of Annual Information on Factory/Establishment
Form 1: Declaration Form
Form 1A: Family Declaration Form
Form 1B: Changes in Family Declaration Form
Form 3: Return of Declaration Forms
Form 4: Identity Card
Form 4(A) Family Identity Card
Form 5 Return of Contributions
Form 6 Register of employees
Form 8 Special Intermediate Certificate
Form 10
Abstention verification in r/o Sickness
Benefit/Temporary Disablement Benefit/MB
Form 12 Sickness of Temporary Disablement Benefit
Form 12A Maternity Benefit for Sickness
Form 13
Sickness, temporary disablement, or maternity benefit related to sickness
Form 13A Maternity benefit for sickness
Form 14
Sickness, temporary disablement, or maternity benefit related to sickness
Form 14A Maternity Benefit for Sickness
Form 16 Accident report from employer
Form 17 Dependant’s or funeral benefit (Death Certificate)
Form 18 Dependant’s Benefit (Claim Form)
Form 18A Dependant’s Benefit (Claim for periodical payments)
Form 19 Maternity Benefit (Notice of Pregnancy)
Form 20 Maternity Benefit (Certificate of Pregnancy)
Form 21
Maternity Benefit (Certificate of expected confinement)
Form 22 Claim for Maternity Benefit
Form 23
Maternity Benefit (Certificate of confinement or miscarriage)
Form 24 Maternity Benefit (Notice of work)
Form 25 Claim for Permanent Disablement Benefit
Form 26 Certificate for permanent disablement benefit
Form 27 Declaration and certificate for dependant’s benefit
CA Chetan Agarwal, a Charted Accountant, is an experienced Labour Law Advisor with a deep understanding of India’s complex labour regulations.
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